Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Right to liberty vs public interest in administration of justice
  • 7 Oct 1993

    ATTORNEY GENERAL v. DINH VAN TUAN

    Citation
    ATTORNEY GENERAL v. DINH VAN TUAN
    Court
    Court of First Instance
    Case number
    HCMP3387/1993

    The court exercised its discretion to order continued detention of 20 named respondents under Section 32(4)(b) for a period not exceeding 21 days from 8 October 1993 because the public interest in ensuring a major criminal trial proceeds and the reasonable prospect that the witnesses would give evidence within the proposed period outweighed the respondents' private liberty interests; detention must be limited to the period reasonably necessary to achieve that purpose and reviewed afresh thereafter.

    • Detention of witnesses
    • Repatriation
    • Discretionary detention orders
    • Statutory interpretation of s32(4)(b)
    • Right to liberty vs public interest in administration of justice
    • Legal aid